TITLE 10 LUMMI NATION CODE OF LAWS NATURAL RESOURCES CODE

Transcription

1 TITLE 10 LUMMI NATION CODE OF LAWS NATURAL RESOURCES CODE Enacted: Ordinance L-64 (3/6/64) Amended: Ordinance L-7 (4/25/68) Ordinance L-36 (8/22/72) Ordinance L-38 (9/4/73) Resolution OU-77 (12/6/76) Resolution (2/13/81) Resolution (7/29/81) Resolution (12/2/81) Resolution (12/4/81) Resolution (8/8/95) Resolution (4/8/96) Resolution (3/16/82) Resolution (8/5/83) Resolution (8/5/83) Resolution (9/29/83) Resolution (7/9/86) Resolution (3/13/87) Resolution (9/16/88) Resolution (1/7/89) Resolution (7/11/89) Resolution (7/6/90) Resolution (6/27/95) Resolution (6/21/01) Resolution (7/17/01) Resolution (9/24/01)

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3 TITLE 10 LUMMI NATION CODE OF LAWS NATURAL RESOURCES CODE Table of Contents Chapter Title and Purpose Title Natural Resources Treaty Rights Jurisdiction Lummi Fisheries and Natural Resources Commission Purpose Enforcement... 1 Chapter Definitions Bond Charter Boat Citizen Closed Area Commission Commissioner Council Court Director Disabled Citizen Eddy Net Fish Fishing Gear Forfeiture Hunt, Hunting Hunting Gear In-Season Regulations Lampara Leased Gear Lummi Marine Mammal Act Mesh Measurements Nation N.O.A.A Pre-season Regulation Purse Seine Reef Net Ring Net Season Senior Citizen Shellfish Pot Subsistence Trawl Gear Treaty Tribe Unattended Nets Unapproved, Prohibited, or Restricted Clam Harvest Areas Usual and Accustomed Fishing Grounds and Stations... 4 i

4 Valid Fisheries Identification Card Violation Wastage Wild or Game Animal Voting Member... 5 Chapter Lummi Fisheries and Natural Resources Commission General Membership Membership Revocation General Membership Meetings Quorum Voting Lummi Fisheries and Natural Resources Commission Governing Body Commissioner Term Procedure for Commissioner Nomination Commissioner Vacancies Commissioner Recall Procedures Filling a Commissioner Vacancy Powers and Duties of Commissioners Lummi Fisheries and Natural Resources Commission Officers Quorum Chair Vice-Chair Secretary/Treasurer Commissioners Meetings Accounting and Auditing Fiscal Operating Year... 8 Chapter Lummi Fishing and Hunting Identification Cards Lummi Nation Treaty of Point Elliott Identification Card Lummi Nation Treaty Indian Fishing Identification Card Lummi Nation Treaty Indian Fishing Identification Card Validations Replacement of Validation Stickers Fishing without Proper Identification Fraudulent Use of Commercial Fishing Identification Card I Fraudulent Use of Commercial Fishing Identification Card II Surrender of Identification Cards Chapter Vessel Registration Registration Change of Registration Treaty Vessel Registration Number Annual Treaty Registration Validation Stickers Replacement of Registration Stickers Fishing without Valid Vessel Registration Fish Vessel Safety Regulations Chapter Seasons and Regulations Season Subsistence Fisheries Regulations Pre-season Fishing Regulation In-Season Fishing Regulation Fishing Regulation Hotline ii

5 Notice to Affected Governments Compliance with Pre-Season And In-Season Fishing Regulations Hunting Regulations Forestry Regulations Chapter General Provisions Fishing and Hunting on Reservation is Prohibitedto all but Citizens of the Lummi Nation Responsibility for Violations Severely Restricted Fisheries Permitted Fisheries Use of State Commercial Fishing Licenses Prohibited Commercial Fishing in Closed Areas Assistance Forbidden Non-Tribal Parties on Lummi Registered Vessels Prohibited Behavior General Penalties Minors Charter Boats Prohibited Leased Gear Prohibited Fishing or Hunting While Intoxicated or Under the Influence of a Controlled Substance Failure to Obey a Lawful Order Harassment of Natural Resources Enforcement Officer Assault on a Natural Resources Enforcement Officer or Employee Protection of Seafood/Broodstock Held for Fisheries Management Protection of Stocks or Populations in Conservation Status Protection of Stocks or Populations in Critical Status Wastage Prohibited Interactions of Marine Mammals with Fishing Activities Use of Firearms To Deter Marine Mammals Treaty Indian Fish Receiving Tickets Sale of Fish or Shellfish Enterprise Fisheries Enterprise Fisheries Revenue Enterprise Fisheries Contract Chapter Fish Buyers, Processors, Sellers Buyers License Purchase Without a Buyers License Illegal Purchases Buyers Required to Post Bond Violation-Revocation of License Buyers Identification Cards Lummi Fish Buyer Identification Card On Reservation Buyer s Reports Clam Shippers and Packers Lummi Clam Buyers Fish Processors and Sellers Chapter Salmon and Steelhead Legal Marine Salmon and Steelhead Fishing Gear iii

6 Legal River Salmon and Steelhead Fishing Gear Use of Illegal Salmon and Steelhead Fishing Gear Unattended Nets Prohibited Stake Net Use On Reservation and In-River Gear Prohibitions In-River Fishing Restriction Chapter Herring Fishery Lawful Herring Gear Management Regimes Chapter Halibut Fisheries Legal Halibut Gear Subsistence Halibut Ceremonial Halibut Commercial Halibut Chapter General Bottom Fisheries Legal Bottomfish Gear Bottomfish General Provisions Beam and Otter Trawl Fisheries Log Books Legal Gear for Dogfish Set Net Seasons Set Line Seasons Commercial Jig Seasons Commercial Drag (Beach) Seine Seasons Commercial Bottomfish Seasons Bottom Fishing with Illegal Gear Chapter Crab and Shrimp Subsistence Dungeness Crab Subsistence Shrimp Ceremonial Crab or Shrimp Permit Commercial Crab Legal Gear Identification Registration of Commercial Crab and Shrimp Gear On Reservation Crab Management Areas Crab Harvest Seasons Crab Openings Gear Limits Unlawful Harvest Unlawful Possession of Crab Use of Clams as Bait Use of Ground Lines Legal Commercial Dungeness Crab Confiscated Pots Recovered Pots Abandoned Pots Commercial Shrimp - Legal Gear Commercial Shrimp Seasons Illegal Use of Subsistence Shrimp Shellfish Logs iv

7 Chapter Clam, Oyster, Bivalve Harvest Application Legal Gear Commercial Clam Harvester Identification Approved Commercial Harvest Areas Commercial Clam Openings Commercial Clam Monitoring Prohibitions Commercial Clam, Oyster, Bivalve Mollusk Harvest Definition On Reservation Subsistence Seamer Cam and Oster Havest Off Reservation Subsistence Bivalve Harvest Restricted Senior Clam Harvest Area Ceremonial Clam and Oyster Harvest Commercial Harvest of Oysters and Butter Clams Prohibited Clam Aquaculture Chapter Clam Sanitation Commercial Harvest in Unapproved or Prohibited Areas Commercial Harvest without Proper Monitoring Shellfish Sanitation Program Regulations Chapter Miscellaneous Shellfish Fisheries Subsistence Squid and Octopus Fisheries Miscellaneous Commercial Fisheries Miscellaneous Shellfish Commercial Harvest Penalties Chapter Hunting Lawful Off Reservation Hunting Commercial Hunting Forbidden Lawful Off Reservation Hunting Areas Lawful Off Reservation Hunting Times Off Reservation Subsistence Hunting Permit Designated Hunter Disabled Persons Permit Ceremonial Hunting Permits Permit, Tags, and Identification Required Assistance Issuance of Hunting Tags Hunting Tag Requirements Marine Mammal Hunting Tags Firearm Restrictions Bow and Arrow Restrictions Prohibited Hunting Practices Game Management Checks Waste of Game Animals Prohibited Protection of Wildlife On-Reservation Hunting Chapter Forestry Management Authority Removal of Forestry Resources Permit for Non-Commercial Firewood from Tribal (LIBC) Land v

8 Permit for Non-Commercial Firewood from Assignment Land Permit for Driftwood use from Lummi Tidelands Permits for Harvest of Miscellaneous Forestry ProductsProducts on Tribal (LIBC) Lands Forest Practices Review Process Timber Cutting Permit Permits for Harvest on Non-tribal Lands Fire Suppression Authority Chapter Enforcement Enforcement Lummi Natural Resources Enforcement Patrol Natural Resources Enforcement Patrol Administrator Natural Resources Enforcement Patrol Sergeant Natural Resources Enforcement Patrol Officers Natural Resources Enforcement Patrol Auxiliary Officers Coordination with Outside Natural Resources Enforcement Agencies Natural Resources Enforcement Committee Enforcement Powers Confiscation Authorized...56 Chapter Tax Commercial Tax Temporary Surcharge Exemption of Senior Citizens from Fish Tax Accounting of Tax Moneys Who Is to Accept Tax Payments Chapter Repealer and Severability Repealer Severabililty Chapter Penalties Penalties Forfeiture Disposition of Revenues from Penalties and Forfeit Property Suspension of Privileges Failure to Surrender Identification Cards or Permits Applicable Case History Judicial Discretion to Increase Suspension of Privileges Revocation of Citizenship Witness Fees vi

9 TITLE 10 LUMMI NATION CODE OF LAWS NATURAL RESOURCES CODE Chapter Title and Purpose Title This title shall be known as the Natural Resources Code of the Lummi Nation Natural Resources Treaty Rights The natural resources harvest rights reserved to the Tribes in the Point Elliott Treaty of 1855 to the signatory tribal parties are reserved to the Lummi Nation to the extent that it is a successor to those tribes. The exercise of the treaty reserved right by a citizen of the Lummi Nation is a privilege extended to that citizen by the Lummi Nation subject to the conditions established by the Council. The Council may suspend the natural resources treaty harvest rights for habitual violators of its provisions. The Council as a last resort may, upon recommendation of the Court, or Petition of Commission members, suspend or revoke all privileges of enrollment Jurisdiction All citizens of the Lummi Nation exercising the Lummi Nation s Natural Resources Treaty Rights are subject to the jurisdiction of the laws of the Lummi Nation governing activities during the exercise of these rights, including acts prohibited in this Title and prohibited criminal acts contained in Title 5 of the Lummi Code of Laws. Citizens are exercising these rights while en route to or from off reservation areas where the rights are to be exercised and while in off reservation areas with the intent to exercise these rights Lummi Fisheries and Natural Resources Commission The LIBC, as the governing body of the Lummi Nation under the Constitution and Bylaws of April 10, 1970, under the authority of Article VI, Sec. 1-P, of the Constitution and By-laws, hereby establishes a subordinate organization to be known as the Lummi Fisheries and Natural Resources Commission to implement the objectives of this title through recommendations for Council action Purpose This title is to establish the institutional framework to govern and regulate fishing, hunting and other natural resources related activities under the jurisdiction of the Lummi Nation in accordance with cultural tradition and the best available scientific information. The title is also to protect the environment required to sustain high levels of production of those resources to ensure maximum sustainable harvest from the fish, game and other natural resources in conformity with the accepted standards of international law and specifically as reserved and secured to the Lummi Nation by the Treaty of Point Elliott, January 22, 1855, and upheld United States vs. Washington 496 F. 2d 620 (9th Cir. 1974). Actions taken under this title to restrict the activities of citizens of the Lummi Nation shall not constitute a waiver of the rights and obligations of the Lummi Nation, or recognition of the authority of any State of Federal executive agency to unilaterally regulate the activities of citizens of the Lummi Nation in their usual and accustomed fishing and hunting grounds and stations Enforcement Officers of the Natural Resources Enforcement Patrol are authorized to make arrests, issue citations, inspect gear and equipment, confiscate gear and equipment and file complaints in the Court on behalf of the Lummi Nation when provisions of this title are violated. Chapter Definitions As used in this Title the following words shall have the meaning set out in this chapter Bond Bond as referred to in this Title shall mean: a) Cash or money order paid to the LIBC, b) A surety bond naming the LIBC as the obligee and expiring no later than 90 days after the license period, c) An irrevocable standby 1

10 letter of credit naming the LIBC as the beneficiary, or d) A savings account assignment naming the LIBC as the assignee. Terms of the assignment must specify a perpetual time period until the buyer s bank receives written notification from LIBC to terminate the assignment Charter Boat Charter Boat shall mean a boat or seine skiff owned by a person or entity who is not a citizen of the Lummi Nation, or when the vessel is used in off reservation fisheries, a boat or seine skiff owned by a member of a recognized Indian tribe which does not have the same usual and accustomed fishing grounds and stations as the Lummi Nation, but which vessel is operated by a citizen of the Lummi Nation within areas under the jurisdiction of the Lummi Nation Citizen Citizen shall mean any person whose name appears on the official membership roll of the Lummi Nation Closed Area A closed area shall mean an area within the jurisdiction of the Lummi Nation, which has been closed to the harvest of natural resources for conservation or allocation purposes Commission Commission shall mean the Lummi Fisheries and Natural Resources Commission (LFNRC) Commissioner Commissioner shall mean a representative elected by the Commission members Council Council shall mean the Lummi Indian Business Council (LIBC) Court For the purpose of Title 10, The Court shall refer to the Lummi Tribal Court established pursuant to Title 1, Section of the Lummi Code of Laws Director Director shall mean the Director of the Lummi Nation s Natural Resources Department Disabled Citizen A disabled citizen for the purposes of Title 10 shall mean any enrolled member of the Lummi Nation who does not have the physical ability to fish or hunt without special assistance and has that requirement for special assistance recognized by motion of the Commission Eddy Net Eddy nets shall be defined as an unattended net in the river attached or affixed to the river bottom or bank. Eddy nets are unlawful Fish The noun, FISH, shall mean any fish, shellfish or other aquatic life. The verb, FISH, shall mean the attempt to, or the act of capturing, taking or otherwise harvesting any fish by any method Fishing Gear Fishing Gear shall mean any equipment, including but not limited to nets, hooks, traps, drums, engines, electronics, vessels, boats and motor vessels, used in whole or in part for fishing Forfeiture Forfeiture shall mean the legal process whereby items authorized for confiscation during the commission of a violation of provisions of Title 10 shall be transferred to the ownership of the Lummi Nation to dispose of as it sees fit Hunt, Hunting To hunt shall mean the taking or attempting to take any wild animal for any purpose and by any means, and further includes any attempt to kill, injure, capture, or harass such an animal Hunting Gear Any equipment used to hunt for and take any wild or game animals as defined in Title 10, including but not limited to rifles, muskets, shotguns, or other firearms, bow and arrows, or any non-fire gear used to take wild animals, and any vehicles used to transport the hunters and/or wild animals which have been taken in 2

11 the hunt In-Season Regulations In-Season regulations shall be changes in the pre-season regulations with respect to time and area openings and fishing method restrictions required to meet pre-season objectives in light of new information developed during the season Lampara Lampara gear shall mean fishing gear having no purse line or rings but employing a lead line, cork line special tag, or auxiliary lines attached to the lead line and webbing in such a manner that the fish are encircled in open water Leased Gear Leased gear shall mean fishing gear owned by a person or entity who is not a member of the Lummi Nation, or in off reservation fisheries, fishing gear owned by a member of a recognized Indian tribe which does not have the same usual and accustomed fishing grounds and stations as the Lummi Nation, but which is operated by a Lummi member Lummi For the purpose of Title 10, Lummi shall mean the Lummi Nation or a citizen thereof Marine Mammal Act Marine Mammal Act shall refer to the Marine Mammal Protection Act of the United States as amended in 1988, or as amended in the future Mesh Measurements The mesh size of any net shall be defined as the distance between the inside of one knot to the outside of the opposite vertical knot of one mesh when the mesh is stretched vertically while using a moderate tension applied to any three consecutive meshes, and then measuring the middle mesh of three while under tension Nation Nation shall mean the Lummi Nation N.O.A.A. N.O.A.A. shall refer to the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce Pre-season Regulation Pre-Season regulations shall be openings and closings of fisheries by area with recommended restrictions in fishing methods proposed in advance of the season Purse Seine Purse Seine includes all types of fishing gear consisting of a lead line, auxiliary lines, purse line and purse rings and mesh net webbing fashioned in a manner that it is used to encircle fish, and in addition prevents their escape under the bottom or lead line of the net by drawing in the bottom of the net by means of the purse line so that it forms a closed bag. The bunt is the portion of a purse seine located at the end of the net designed to form the bag that holds the net s catch after the net is pursed and is the last portion of the net to be pulled aboard the catching vessel Reef Net Reef Net means a non-self fishing open buntsquare or rectangular section of mesh netting suspended between two anchored boats fashioned in such a manner that to impound salmon passing over the net, the net be raised to the surface. The lead lines or leads of any reef net must be floating at all times, except under the stress of tidal conditions, and shall not be fixed to any piling whatsoever, nor shall the lead or leads be constructed of any kind of mesh webbing. In the construction of the reef net no principle fyke net or fish trap may be employed Ring Net Ring Net means all fishing gear having a rigid frame measuring no more than ten feet in diameter that is used to take shellfish in a live condition and does not entrap or restrict the free movement of shellfish until lifted Season Season shall mean the period of the year when fisheries may be opened for commercial harvest, and shall be year around unless otherwise closed for conservation or allocation purposes. 3

12 Senior Citizen Senior Citizen for the purpose of Title 10 shall mean any citizen named on the official Lummi membership role who is 62 years or older by July Shellfish Pot Shellfish pot means a movable trap with one or more entrance tunnels used to entrap shellfish in a live condition Subsistence Subsistence harvest shall be the taking of any resource for personal use and not for commercial gain Trawl Gear (a) Otter Trawl shall be defined as a cone or funnel-shaped net, which is towed or drawn through the water by one or two vessels. They may be used on and off of the seabed and with or without doors: (1) Bottom trawl means an otter trawl in which the otter boards or the foot rope of the net contact the seabed, and includes Danish and Scottish seine gear. (2) Roller or Bobbin Trawl shall mean an otter trawl with foot ropes equipped with rollers or bobbins made of wood, steel, rubber, plastic or other hard material which protects the net during fishing on the seabed. (3) Pelagic Trawl means an otter trawl where the foot rope remains above the sea bed. They may not have foot ropes protected at the mouth with rollers, bobbins, or discs. (b) Beam Trawl means a bag shaped trawl net not using weighted otter frames or doors when operated. (c) Scallop dredge means trawl gear with interlocking metal ring meshes. (d) Cod end shall mean the terminal closed end of a trawl net and may be single ply or double ply mesh. A double walled cod end has two walls of webbing tied knot to knot to the trawl net and shall not be longer than twenty-five meshes or twelve feet, whichever is greater, and shall not be used on pelagic, roller, or bobbin trawls. (e) Chafing gear means webbing or other material attached to the bottom (underside) or around the cod end of a trawl net to protect the cod end from wear, and must not be connected to the terminal, (closed) end of the cod end. (f) Trawl mesh size shall be the distance between the inside of one knot and the inside of the opposite vertical knot in the mesh. Minimum mesh sizes are met if a wedge of legal size can be passed through sixteen of twenty-two meshes each of wet mesh in the cod end Treaty Tribe Any federally recognized Indian Tribe which possesses or exercises treaty fishing rights within the case area of United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974) or United States v. Oregon Unattended Nets An unattended net shall be defined as a net set in position to take fish without fishermen or a designated helper within the immediate area attending it, or during open hours a stake net which observations of an enforcement officer indicate has not been attended for an acceptable period of time Unapproved, Prohibited, or Restricted Clam Harvest Areas Unapproved, prohibited or restricted clam harvest areas are defined as those areas which have not been certified according to the procedures set forth in the National Shellfish Sanitation Program and accepted by the Lummi Natural Resources Department Usual and Accustomed Fishing Grounds and Stations Those places or stations reserved to the Lummi in the Treaty of Point Elliott, 1855, as adjudicated by the United States District Court for the Western District of Washington as usual and accustomed grounds and stations of the Lummi Indian Tribe, now the Lummi Nation, in the litigation known as the 4

13 United States v. Washington, Civil No Valid Fisheries Identification Card A valid fisheries identification card shall mean an identification card issued pursuant to Section , and validated pursuant to Section Violation All violations of this title are civil in nature and shall result in civil penalties which must be paid in order to retain the privilege of exercising the treaty fishing and hunting rights of the Nation or to operate businesses under the jurisdiction of the Nation associated with fishing Wastage Wastage is the taking of any fish, shellfish, aquatic life, game or wild animal, bird or waterfowl subject to regulation under this title which has been harvested or disposed of in a manner resulting in its becoming unfit for its normal use or human consumption Wild or Game Animal Wild or game animals shall mean any mammal or fowl the taking of which have been identified by regulation of the Lummi Natural Resources Department as subject to Lummi Jurisdiction Voting Member Any member of the Commission that meets the membership requirements of Chapter , and the voting requirements of Chapter Chapter Lummi Fisheries and Natural Resources Commission General Membership Any citizen of the Lummi Nation whose name appears on the official tribal membership roll and has a valid fisheries identification card shall be a general member of the LFNRC Membership Revocation Any general member of the LFNRC shall have his/her membership in the Commission revoked if that member: (a) Enrolls in another federally recognized tribe and/or; (b) Harvests fish, game or natural resources under the authority of any other tribe; or (c) Notifies the Lummi Natural Resources Department that he/she intends to participate in fisheries in Lummi s usual and accustomed fishing areas under the authority of a license issued by the Washington State Department of Fisheries; or (d) Has been identified in a written petition to the Council by no less than 25 affected members, to have his/her natural resource harvest privileges revoked, because of continued, serious flagrant violations of the provisions of this Title, and associated regulations, and the Council has approved this petition on a conditional or permanent basis General Membership Meetings (a) The LFNRC shall meet quarterly in March, June, October, and December of each year to review the status of the natural resources of concern to the Lummi Nation, make recommendations, approve management plans governing the harvest of these resources by Lummi citizens, and discuss actions required to protect the full range of fishing, hunting, and the natural resources related rights reserved in the Treaty of Point Elliott. (b) The Annual Meeting of the LFNRC shall be held on the first Wednesday of June each year, or any other date in June approved by the Commissioners, with the added objective of electing new Commissioners. Special meetings of the general membership may be called by the majority vote of a quorum of the Commissioners or by 25 registered members. (d) Notice to the general membership for all annual, quarterly or special meetings shall be public notices posted in and on premises frequented by the members, except notice of annual meetings shall be mailed to those members present and voting. (e) The Chair for each general meeting of the 5

14 Commission shall be an attending, voting member elected by the majority of those present and voting Quorum The quorum to conduct a meeting of the membership shall be 25 voting members. All shall have in their possession a valid fisheries identification card Voting (a) All members shall have one (1) vote each. (b) No proxy votes shall be allowed. (c) The Secretary/Treasurer of the Commission shall count the votes and report the results to the Commission. (d) An issue shall be voted upon and passed or denied by the vote of a simple majority of those present and voting with a quorum present. (e) Voting age shall be eighteen years or older Lummi Fisheries and Natural Resources Commission Governing Body The governing body of the LFNRC shall be composed of eleven (11) Commissioners elected from the general membership of the Commission and confirmed by the LIBC by resolution Commissioner Term The term of each Commissioner shall be three (3) years, with one third of the terms expiring each year Procedure for Commissioner Nomination Nominees for Commissioner shall be made from the floor at the Annual Meeting of the General Membership Commissioner Vacancies (a) If any Lummi Indian Natural Resources Commissioner shall die, resign, or move outside the boundaries of Whatcom County, or shall be found guilty of a felony, or a misdemeanor involving dishonesty in any Indian, State, or Federal court, a vacancy in his office shall automatically be created. (b) If any Commissioner fails to participate in three (3) regular meetings without good cause, therefore not actively representing the membership, then his/her position may be declared vacant by a vote of six (6) other Commissioners. The challenged Commissioner shall be notified by mail and shall have the privilege of a grievance hearing before a meeting of the Lummi Indian Fish & Game Commissioners Commissioner Recall Procedures (a) The Lummi Natural Resources Commissioners may, by majority vote, initiate the recall of any Commissioner for neglect of duty or gross misconduct. A special meeting of the general membership shall be called by the Commissioners for that purpose after the Commissioners shall have given at least ten (10) days written notice to the person being recalled of the reason for recall. At that meeting the Commissioner being recalled shall be given an opportunity to answer all charges. (b) A petition signed by 25 voters of general membership can call a special meeting for the purpose of recalling a commissioner. The petition shall recite the acts of neglect of duty or gross misconduct for which the recall is sought. (c) A Commissioner shall be recalled by a vote of 2/3 of the general membership present and voting at a special meeting called to discuss that recall, and a vacancy shall automatically be created Filling a Commissioner Vacancy Upon determination by the Commissioners that a Commissioner position is vacant, the remaining Commissioners at their next regular or special meeting shall appoint a person qualified to fill the office until the next general membership meeting, at which time a successor shall be elected for the remainder of the unexpired term. 6

15 Powers and Duties of Commissioners The Commissioners shall have the following powers and duties: (a) To make recommendations to the Director of Natural Resources concerning pre-season regulations and to review and provide final approval of these regulations. (b) To make recommendations on behalf of all fishers to the LIBC concerning changes in the Natural Resources Code and associated regulations, and establishment of taxes and/or fees levied on fishing and hunting activities. (c) In consultation with the General Membership and the Lummi Natural Resources Department, to develop long term objectives for the production and management of resources for fishing, hunting, and forestry, and the environmental quality required for that production and strategies to achieve these objectives for recommendation to the LIBC for adoption as official Government Policy. (d) Subject to the approval of the LIBC to represent the Lummi Nation with respect to Fishing and Hunting activities of Lummi Citizens in intertribal, federal, state, and international co-management meetings, and when specifically asked to do so by the LIBC to represent the Lummi Nation in areas peripherally impacting these fishing and hunting activities. (e) To make recommendations to LIBC on behalf of the General Membership concerning actions by the Council or other governmental agencies affecting Lummi fishers and hunters. (f) To make recommendations to the LIBC and its senior staff concerning the operations of the Lummi Natural Resources Department and the performance of its Director, with respect to budget requirements and efficiency of program implementation. (g) To receive and expend funds appropriated for Commission use by the LIBC, to develop a program, prepare a budget (subject to approval of the LIBC in accordance with the Tribal Budget Ordinance) and supervise the implementation of the program to identify fishing and hunting objectives, develop policy and strategy to achieve these objectives, and present this policy to appropriate levels of county, state, federal, and Tribal governments. (h) To identify specific tasks for execution by Commissioners and levels of compensation for the execution of such tasks all in accordance with LIBC Personnel Policies, except when the Commission determines that necessary representation during a fisheries opening that will result in a loss to the Commissioner, compensation may be related to the expected loss of fishing revenue Lummi Fisheries and Natural Resources Commission Officers The Commissioners shall hold their first official meeting at the conclusion of the Annual General Membership Meeting to nominate and elect a CHAIR, VICE-CHAIR, AND SECRETARY/TREASURER. No official business shall be conducted until the officer positions are filled Quorum The quorum for a Commissioners meeting shall be four (4) Commissioners. If the CHAIR and the VICE-CHAIR are both absent, the attending Commissioners shall designate another Commissioner to chair the meeting Chair The Chair shall: (a) Preside over all the meetings of the Commissioners, (b) Call all meetings of the Commissioners and the Commission, (c) Sign all approved minutes of meetings over which he or she presides, (d) Serve as judge of elections, (e) Perform all duties required of a presiding officer, and (f) Supervise the execution of tasks identified 7

16 during Commissioner s meetings Vice-Chair In the absence or in the event of the disability of the Chair, the Vice-Chair shall serve in place of the Chair Secretary/Treasurer The Secretary/treasurer shall: (a) Keep minutes of all meetings and provide a copy within ten days to each Commissioner and sign all approved minutes. (b) Supervise the maintenance of the Commission s membership roll by the Lummi Natural Resources Department. (c) Call and notify the Commissioners of submittal of petitions from the general membership and ensure the presiding officer sets a specific date and time to address the contents therein. (d) Serve as custodian of records of all property of accounts held by the Commission. (e) Be held responsible for the integrity and completeness of all accounting. (f) Receive and disburse all funds of the Commission. Disbursements require a completed task form for a task approved in a Commissioners meeting and signed by the Chair and/or the Secretary/Treasurer. All procedures for receiving and disbursing funds shall be agreed between the Commission and the Council. All income and disbursements shall be reported into the minutes of the next regular meeting. (g) Make a full oral or written report on the financial status of the Commission accounts to the Commissioners and the Council each month. (h) Compile other such reports as required by the tribal council and commission or membership Commissioners Meetings (a) The Chair (or in his absence, the Vice- Chair or designee) shall call all the meetings (special, regular, and annual). (b) Special meetings shall be called by six (6) or more Commissioners if the Chair fails to act upon the request. (c) The Commission shall meet on the last Thursday of each month. (d) All special meetings will require notice to the Commissioners by telephone or personal message Accounting and Auditing All income and disbursements by the Commission shall be through the LIBC under the authorization of the Secretary/Treasurer and the Chair or designee approved by the Commission. Audit of the accounts of the Commission shall be according to the normal LIBC practices Fiscal Operating Year The official year shall begin on the first day of JANUARY of each year and end on the last day of DECEMBER of the same year. Chapter Lummi Fishing and Hunting Identification Cards Lummi Nation Treaty of Point Elliott Identification Card The Lummi Nation Treaty of Point Elliott Identification Card is the picture identification card issued by the Enrollment Officer of the Lummi Nation, or designee, identifying the carrier as an enrolled member of the Lummi Nation entitled to hunt and fish for personal use. The fee for this card, set by the LIBC, is $3.00 for the initial card. The fee doubles for each replacement card issued Lummi Nation Treaty Indian Fishing Identification Card The Lummi Nation Treaty Indian Fishing Identification Card is the picture identification card identifying the carrier as a citizen of the Lummi Nation with the right, when appropriately validated, to harvest and sell fish and shellfish resources under the jurisdiction of the Lummi Nation. It shall be issued by the Lummi Natural Resources Department under the following terms and 8

17 conditions. (a) The applicant is named on the official membership roll of the Lummi Nation, and (b) The applicant is at least 12 years old at the beginning of the fishing year. Cards which have been lost or damaged beyond repair and returned to the Lummi Natural Resources Department will be replaced without additional charge Lummi Nation Treaty Indian Fishing Identification Card Validations To be valid, the card referred to in above must each year have attached an appropriate validation sticker issued by the Lummi Natural Resources Department under the following conditions: (a) The appropriate fee has been paid to the LIBC as follows, with the exception of Senior Citizens who shall receive their cards without the payment of fees: (1) Basic Commercial privileges $20.00 (2) Additional Special Validations Halibut and general bottomfish $10.00 Clams $10.00 Crab $10.00 Herring $10.00 Shrimp $10.00 Sea Urchins $10.00 Sea Cucumbers $10.00 (b) The applicant has no unpaid fish taxes or fines or outstanding civil penalties resulting from natural resources violations. (c) An authorized member of Lummi Natural Resources staff has applied the validation sticker to the identification card for which it has been issued. These validation stickers shall be valid from July 1 of the year of issuance until June 30 of the following year Replacement of Validation Stickers (a) In the event that an identification card is damaged beyond use and returned to the Lummi Natural Resources Department, all current validation stickers will be replaced free of charge. (b) Upon payment to the LIBC of fees equal to twice the original fee noted in above, the Lummi Natural Resources Department shall issue replacement validation stickers from identification cards which have been lost Fishing without Proper Identification It shall be a violation of this title to participate in a commercial fishery opened under the jurisdiction of the Lummi Nation without having on one s person a Commercial Fishing Identification Card, referred to in , validated according to the provisions of sections , except that nonparticipating immediate family members may be on a vessel participating in such a fishery with only the Identification card referred to in above, or in the case of a subsistence fishery under the jurisdiction of the Lummi Nation, the identification card referred to in above. (a) If the fisher has valid cards, but is judged not to have had them on his/her person while fishing the civil penalty shall be as follows: First Violation: $25.00 to $ Second Violation: $50.00 to $ Third and Subsequent Violations: $ to $ (b) If the fisher has no valid cards, but is eligible to receive one, the civil penalty shall be: First Violation: $50.00 to $ and suspension of fishing privileges for 10 to 20 days. 9

18 Second and Subsequent Violations $ to $ and suspension of fishing privileges for 20 to 40 days. (c) If the fisher is a member who has surrendered his/her commercial identification card to the Lummi Court as a result of a judgment of that Court, the civil penalty shall be $1, to $2, and suspension of fishing privileges until the violator, after a period of one year, meets with the Council and the Commission and receives permission to exercise fishing privileges again Fraudulent Use of Commercial Fishing Identification Card I No fisher shall use his commercial fishing identification card to sell fish or shellfish taken legally in a fishery under the jurisdiction of the Lummi Nation that he/she did not participate in catching. Violation of this section shall result in civil forfeiture of the catch sold illegally or civil penalty equal to the value of the fish sold and an additional civil penalty as follows: $ to $ $ to $ Third and subsequent violations $ to $ Fraudulent Use of Commercial Fishing Identification Card II No fisher shall use his commercial fishing identification card to allow any other fisher to exercise any fishing rights to which they are not entitled by this title or any regulations established to implement this title. Violation of this section shall result in forfeiture of the illegal catch or a civil penalty equal to the value of the fish sold and the additional civil penalty of $ to $1, and suspension of fishing privileges until the violator, after a period of one year, meets with the Council and the Commission and receives permission to exercise fishing privileges again Surrender of Identification Cards When fishing and/or hunting privileges are suspended or revoked by the Court or other court of competent jurisdiction, the appropriate identification card must be surrendered to the Court upon issuance of the judgment unless otherwise specified in the judgement. Chapter Vessel Registration Registration All vessels owned by members and used in fishing activities governed by this title shall be registered by the operator with the Lummi Natural Resources Department within 30 days of the transfer, or prior to its first use in a fishery under Lummi jurisdiction, which ever comes first. The Department will issue documentation identifying the owner of a vessel, a registration number where appropriate, and an annual registration sticker, valid from July 1 through June 30 of the following year, to be applied to the vessel registered when the owner has satisfied the following requirements: (a) Legal ownership of the vessel by an enrolled member of the Lummi Nation, including but not limited to documentation papers from the Coast Guard, Bill of Sale, or mortgage documentation, and (b) An application form with the following information: (1) Owner s name and complete address (2) State in which the vessel will be principally used (3) The number previously issued by an issuing authority, if any (4) Whether the application is for a new registration number, renewal of a registration number, or a transfer of ownership (5) Verify that the principle use of the vessel is for treaty right fisheries 10

19 (6) Make of the vessel (7) Year of manufacture or model year (8) Manufacturer s hull identification (9) Overall vessel length (10) Type of vessel (open, cabin, house or other) (11) Hull composition (wood, steel, aluminum, fiberglass, plastic or other) (12) Propulsion (inboard, outboard, inboard-outboard, sail or other) (13) Principle fuel (gasoline, diesel, or other) (14) Owner s signature, and (c) A current photograph of the vessel, and (d) Confirmation that the vessel is not registered by any other Treaty Tribe, and (e) For vessels documented by the United States Coast Guard, current documentation papers indicating that documentation is valid for the majority of the year for which the registration is to be issued, and (f) Payment of a $2.50 fee; such fee is subject to regulation by the Lummi Natural Resources Department and approval by the Commission and the Council, except that Senior Citizens need not pay any fee Change of Registration When the ownership of a vessel registered under this section to participate in fisheries under Lummi jurisdiction changes the registered owner must notify the Lummi Natural Resources Department within 10 days of the transfer of ownership so the vessel may be stricken from the Lummi Register, and must be registered by the new owner, if a Lummi Citizen. Failure comply with this provision shall be punishable by a civil penalty of $50 to $ Treaty Vessel Registration Number The Lummi Natural Resources Department shall issue a Treaty Vessel identification number for each vessel registered by the Lummi Nation. This number shall consist of a WN Prefix, a 3 digit number and a XWL suffix. This number must be permanently placed on both sides of the bow in block letters not less than three inches in height in a color distinctly contrasting with the background. The number must read from left to right and include spaces or hyphens the width of the letters between the three parts of the registration number. In the case of documented vessels, the registration number shall be displayed in the manner commonly enforced by the Coast Guard for similar vessels in the non-indian fleet Annual Treaty Registration Validation Stickers The Annual Treaty Registration Validation Stickers shall be issued by the Lummi Natural Resources Department after the satisfaction of the conditions in above. Registration validation stickers must be displayed on either side of the bow, aft of and directly in line with the registration number within 6 inches of the registration number, or name of the vessel if documented. In the case of documented vessels, the registration validation sticker may be displayed in the manner commonly enforced by the Coast Guard for similar vessels in the non-indian fleet Replacement of Registration Stickers The Lummi Natural Resources Department will replace Vessel Registration Validation Stickers upon application by the registered owner certifying that the original materials have been lost, damaged or otherwise made unfit for identification purposes Fishing without Valid Vessel Registration All vessels and/or boats used in fisheries under the jurisdiction of the Lummi Nation must be registered according to the provisions of Section above and have the registration documentation on board the 11

20 vessel. Violations of this section shall be subject to civil penalties as follows: (a) If the vessel is appropriately registered and the required registration number and registration validation sticker and registration documentation are not on the vessel, the member shall be subject to civil penalties as follows: $ to $ $50.00 to $ Third violation $ to $ $ to $ (b) If the vessel can meet the requirements for registration in Section above, but has not yet been registered the fisher shall be subject to civil penalties as follows: $ to $ $ to $ $ to $1, and loss of fishing privileges for 30 to 60 days. (c) Vessels which cannot meet the requirements for registration in Section above shall be considered to be charter boats Fish Vessel Safety Regulations The Director in consultation with the Commission may promulgate regulations concerning the safe operation of fishing vessels to protect the fishers, the resource and the general public. These regulations may include but are not limited to: (a) Demonstration of on board safety equipment such as approved flotation devices, immersion suits, fire suppression devices, navigation equipment, first aid kits, hold ventilation equipment, anchors, emergency flares and signaling devices, and radio. (b) Approved pollution prevention measures governing the disposal of oil, garbage and sewage. (c) Competence in navigation, first aid, and vessel safety fish handling and public health protection procedures. (d) Fish storage areas suitable to protect the public health. Such regulations shall become effective upon approval by the Commission and posting at the Lummi Natural Resources Department and locations frequented by Lummi fishers. Civil penalties may be specified in the regulation, and vessel registration numbers, registration validation stickers and registration documentation may not be issued until the requirements of the such regulations are met. In the absence of specific penalties in such regulations the following shall apply: $ to $ $ to $ Subsequent violation $ to $ Chapter Seasons and Regulations Season The seasons and general guideline for open times and days for the harvest of natural resources are set in the appropriate section of this Title for each target species, and are subject to modification during the year by the Director in consultation with the Commission Subsistence Fisheries Regulations The Lummi Natural Resources Department with the approval of the Commission may from time to time establish regulations governing the harvest of fish and shellfish for 12